...indicted in the notice that the respondent had treated the appellant with cruelty and her conduct amounted to desertion for two years and it was, therefore, neither safe, desirable nor advisable to...adultery with nursing staff, the husband ought to have examined some witnesses from the hospital and since it was not done, cruelty was not established.7. Learned counsel for...court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to...

...condonation of the acts of cruelty.V. The High Court disbelieved the appellant on the issue of the respondent's refusing to cohabit with him, because he failed to...unilaterally, it may amount to mental cruelty to the appellant.28. The finding of the High Court that the appellant started living with the respondent amounted to condonation...justified in placing reliance on this evidence and to come to a definite conclusion that this instance coupled with many other instances led to grave mental cruelty to the appellant. The trial court...

...parents of the appellant with cruelty and disrespect. The father of the appellant is aged about 80 years and his mother is more than 75 years. In the month of January 1998, on the first lohri festival...after their marriage, the respondent being annoyed with the appellant on a trivial issue, abused his mother in filthy language in the presence of their relatives and neighbours causing immense pain to...from this, the concept of mental cruelty cannot remain static; it is bound to change with the passage of time, impact of modern culture through print and electronic media and value system, etc. etc...

...Fourth Exception to Section 300 IPC covers acts done in a sudden fight. The said Exception deals with a case of prosecution (sic provocation) not covered by the First Exception, after which its place...as in Exception 1, but the injury done is not the direct consequence of that provocation. In fact, Exception 4 deals with cases in which notwithstanding that a blow may have been struck, or some...sentenced him to undergo imprisonment for life and a fine of Rs 5000 with default stipulation.3. Background facts which led to the trial of the accused are essentially as...

...a complaint with the police against the appellant husband amounts to cruelty is perverse because it is not a ground for divorce under the Hindu Marriage Act, 1955. The High Court further held that...the appellant husband and the respondent wife did not live together for a long time and, therefore, the question of their treating each other with cruelty does not arise. According to the High Court...into a grave error in observing that because the respondent wife did not live with the appellant husband for long she could not have caused mental cruelty to him. The counsel submitted that this...

...taunting for not preparing good food was not a serious thing so as to say that the appellants treated the deceased with cruelty which made her to commit suicide. The High Court observed based on...that continuous mental cruelty practised on the deceased was a grave and serious provocation for an ordinary Indian woman to do what the deceased had done in burning herself...and destroyed by the burn injuries caused by herself to end her life when the appellants subjected her to cruelty and abetted the commission of suicide by her within 11 months after marriage...

...of the other party.13. The court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those...cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in...follows:The respondent filed an application for divorce on the ground of cruelty alleging that because of the acts of cruelty on several occasions perpetuated by the appellant...

...4 as in Exception 1; but the injury done is not the direct consequence of that provocation. In fact Exception 4 deals with cases in which notwithstanding that a blow may have been struck, or some...commission of offence punishable under Section 302 read with Section 34 IPC.5. Before the High Court it was pleaded that the incident had occurred all of a sudden without any...premeditation over a very trivial issue and some misunderstanding of the appellant, other accused persons and the complainant Madhu Singh and his father Mal Singh. During the course of verbal altercation...

...documents, the Additional Principal Judge of the Family Court framed the following issues:“1. Whether the respondent treated the plaintiff with cruelty by registering...various criminal cases, getting the news published and initiating civil proceedings?2. Whether the defendant treated the plaintiff with cruelty by her...irretrievable breakdown of marriage particularly with reference to recently decided cases.Impact of physical and mental cruelty in matrimonial matters35...

...daughters. On May 19, 1961 the respondent wrote a letter to the Secretary, Ministry of Food and Agriculture, saying that the appellant had deserted her, that he had treated her with extreme cruelty and...preceding the presentation of the petition. Alternatively, the appellant asked for judicial separation under Section 10(1)(b) on the ground that the respondent had treated him with such cruelty as to cause...that the appellant had failed to establish that the respondent had treated him with cruelty. A careful consideration of the evidence by the High Court ought to be enough assurance that the finding of...

...total incompatibility in the marital relationship inasmuch as she found fault with his lifestyle, his daily routine, his likes and dislikes and picked up quarrels on trivial issues. She threw tantrums...Judge framed seven issues and, considering the oral and documentary evidence brought on record, came to hold that the wife had treated the husband with cruelty; that she had not taken any steps for...the allegation with regard to the interruption in the music learning sessions and her dislike of her husband had been deliberately stated to make out a case of mental cruelty; that certain documents...

...respondent husband with cruelty. She, without consent or even knowledge of the respondent husband, got her pregnancy terminated twice in 1984 as well as in 1985 and falsely stated that there was natural...decree of divorce may be passed by a court on the ground that after the solemnisation of marriage, the opposite party has treated the petitioner with cruelty.29. Now, it is...will refer to some of them.Mental cruelty30. The concept of cruelty has been dealt with in Halsbury's Laws of England (Vol. 13, 4th Edn., Para...

...would not otherwise do. There is provocation in Exception 4 as in Exception 1; but the injury done is not the direct consequence of that provocation. In fact, Exception 4 deals with cases in which...Section 302 read with Section 34 of the Penal Code, 1860 (for short, ‘the IPC’) and sentencing them to suffer life imprisonment and a fine of Rs. 1000/- each with the stipulation that in default of...trial including the two appellants herein in the Court of the Additional Sessions Judge, Pune for the offence punishable under Sections 302 and 323 read with Section 34 of the IPC. The appellants...

...of the provocation received, might be so rendered subject to passion or loss of control as to be led to use the violence with fatal results, and (b) that the accused was in fact acting under the...exception, culpable homicide is not murder if the conditions are complied with:(1) The deceased must have given provocation to the accused. (2) The provocation must be grave. (3) The provocation must be...take into account the instrument with which the homicide was effected, for to retort, in the heat of passion induced by provocation, by a simple blow, is a very different thing from making use of a...

.... Section 498-A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result.... 248/2019 dated 1-4-2019 implicating the appellants for the offences under Sections 341, 323, 379, 354, 498-A read with Section 34 of the Penal Code, 1860 (hereinafter referred to as “IPC”). The High...registration of FIR under Sections 341, 323, 379, 354, 498-A read with Section 34 IPC against her husband Md. Ikram and the appellants herein. The complaint inter alia alleged that all the accused...

...had heard a huge commotion from the appellant's house, rushed to that side and looking through the window saw the appellant sitting in the room with a bloodstained knife in his hand and his clothes...year lying beside him. Ramprasad asked the appellant as to what he had done but he threatened him with dire consequences and told him that he would kill him as well.3...Police Station Manasa accompanied by Sarpanch Devilal (PW 3) and recorded the FIR. He then returned to the village with a police party, headed by PW 15, SI Karulal Patel.4. The...

...and siblings of appellant No. 1. The complainant alleged that she was married to appellant No. 1 on 28 November, 2012. Her father gave dowry as per his capacity but the appellants were not happy with...the crime. Whereas, it appears that Rajesh Sharma has committed an offence under Section 498A, 323 IPC and read with section 3/4 DP act appears to have prima facie made out. Therefore, a summon be...centre, the mediation failed. Thereafter, the High Court found no ground to interfere with the order of summoning and dismissed the petition. Hence this appeal.5. Main...

...is sad and unfortunate that the epicentre of the matter is a simple quarrel on a trivial issue—a cat was chased away by the child of the deceased and, in the process, it landed on the terrace of the...charges under Section 302 read with Section 34, for want of evidence.Brief facts3. On 26-2-1993 at about 4.00 p.m, one Master Kishore Kumar, son...accused Anjoriram where he had kept his gram. The boy was scolded badly and one Chanda Ram beat him with a cane. Hearing his loud weeping, his mother Heminbai reached the spot and there was a verbal...

...P discovers Q committing adultery with the former's wife that would be grave and sudden provocation. Similarly, if a person discovers another person committing an unnatural offence, that would be...contemplate that, in order to entitle an accused person to cam the mitigation the act must immediately follow the provocation. With great respect, we agree with the observation that acts done by a person when...the provocation to allow a reasonable man time to cool, and (b) to take into account the instrument with which the homicide was effected, for to retort, in the heat of passion induced by provocation...